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Jamie Raskin Debunks Trump Ballot Disqualification Myths

Brian Tyler CohenMarch 2, 202443 min4,727,025 views
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The Insurrection Disqualification Clause

  • πŸ“œ Section 3 of the 14th Amendment states that anyone who has taken an oath to support the Constitution and then engaged in insurrection or rebellion against it is barred from holding federal or state office.
  • πŸ›οΈ Congress has the power to remove this disability by a two-thirds vote in each house.

Undemocratic vs. Unconstitutional Fallacy

  • πŸ’‘ The argument that barring insurrectionists is undemocratic and therefore unconstitutional is a fallacy; many undemocratic features have been removed from the Constitution throughout history to make it more democratic.
  • βš–οΈ Examples include the abolition of slavery (13th Amendment) and the expansion of voting rights (19th Amendment), which were initially part of the constitutional framework but were later deemed unfair and undemocratic.
  • πŸ™οΈ Residents of Washington D.C. lack representation in Congress, an undemocratic feature deemed constitutional by courts.

Trump's Disqualification and Democratic Principles

  • 🚫 Over 100 million Americans are disqualified from running for president due to age or citizenship status, demonstrating that eligibility requirements are common and constitutional.
  • πŸ—³οΈ Donald Trump himself used the 'natural born citizen' clause to question Barack Obama's eligibility, highlighting his understanding of disqualification principles.
  • πŸ’₯ The Colorado Supreme Court, after a fact-finding process, determined Trump engaged in insurrection, echoing his impeachment for inciting insurrection.
  • πŸ›οΈ While Trump was impeached, he did not receive the 67 Senate votes needed for conviction, though bipartisan majorities acknowledged his insurrectionary incitement.
  • πŸ”’ The 22nd Amendment limits presidents to two terms, another constitutional disqualification that, while potentially seen as undemocratic by some, is explicitly constitutional.

The Nature of Insurrection and Accountability

  • βš”οΈ Abraham Lincoln defined insurrection as a war on the first principle of Republican government: the people's right to choose their leaders.
  • πŸ“‰ Trump's actions after the 2020 election, including challenging results in 60 court cases, pressuring officials to 'find votes,' and attempting to influence the Vice President, are presented as attempts to commit electoral fraud and undermine the peaceful transfer of power.
  • ✊ The events of January 6th are described as an assault on democratic government, with a plan to have Trump declared president, potentially through a contingent election in the House or by imposing martial law.
  • 🀝 Section 3 of the 14th Amendment is framed as a statement of democracy, prioritizing the nation over individual ambition and emphasizing that public officials are servants of the people.

The Role of the Judiciary and Future of Democracy

  • 🧐 Judges, including in Colorado and California, have factually determined Trump engaged in insurrection, providing a predicate for Section 3 of the 14th Amendment.
  • βš–οΈ The Supreme Court's interpretation of Section 3 is crucial, with concerns raised about the current court's fidelity to the rule of law.
  • 🌍 Democracy and freedom are under siege globally, and the attack on democracy often coincides with attacks on freedom, as seen with the overturning of Roe v. Wade.
  • 🌟 Constitutional patriots are urged to stand up for democracy and freedom, recognizing the Constitution as an evolving project that lives through the actions of people.
  • πŸ—³οΈ The push for a national popular vote for president is highlighted as a necessary step to expand democracy, alongside defending existing democratic processes against violence and trickery.
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What’s Discussed

14th AmendmentInsurrection ClauseDonald TrumpBallot DisqualificationConstitutional LawDemocracyRule of LawJanuary 6thImpeachmentColorado Supreme CourtPresidential ImmunityDemocracy Summer
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